CECELI Vs. ARPUDASAMY

JUDGEMENT

(1.) The second appeal has been preferred under Section 100 of the Code of Civil Procedure against the Judgment and Decree, dated 21.10.2010 passed in A.S.No.310 of 2006 on the file of the Principal District Judge, Puducherry, confirming the judgment and decree, dated 21.07.2006 made in O.S.No.83 of 2000 on the file of the Principal Sub-Judge, Puducherry.

(2.) The appellant herein is the defendant in the suit, which was filed by the respondent / plaintiff, seeking declaration of title, delivery of possession, mandatory injunction and other consequential reliefs. After the trial, the suit was decreed by the trial court, declaring the title in favour of the respondent / plaintiff with mandatory injunction and costs and it was observed by the trial court that the respondent / plaintiff could take separate proceeding under Order 20 Rule 12 CPC towards getting mesne profits. Aggrieved by the Judgment and Decree, the appellant herein preferred first appeal in A.S.No.310 of 2006, before the Principal District Judge, Puducherry and by Judgment and Decree, dated 21.10.2010, the said appellate court, confirmed the Judgment and Decree passed by the trial court and dismissed the appeal with costs. Aggrieved by which, this second appeal has been preferred.

(3.) In this second appeal, the following substantial questions of law have been raised by the appellant / defendant :